Common Wisconsin Traffic Violations
Speeding 1–10 MPH over the limit
The most common speeding ticket in Wisconsin. Easy to plead down to a non-moving violation with counsel in most Racine, Kenosha, and Walworth courts.
- Demerit points
- 3 points
- Typical fine
- ~$175 (typical)
- License impact
- No direct suspension, but points accumulate on your record. 12 points in 12 months triggers an automatic suspension (2–12 months).
- Insurance impact
- Most carriers treat a minor speeding conviction as a surcharge for 3 years, often a 15–25% rate increase.
Wisconsin uses absolute speed limits. Even a conviction for 1–10 MPH over carries 3 demerit points and a guilty plea that insurance companies see for 3+ years.
Speeding 11–19 MPH over the limit
A meaningful step up from minor speeding. Frequently reducible to a non-moving violation or a 1–10 over plea through local court negotiation.
- Demerit points
- 4 points
- Typical fine
- ~$200–$250 (typical)
- License impact
- No direct suspension for a single violation, but 4 points per ticket adds up fast, especially for probationary drivers (6-point limit).
- Insurance impact
- Expect a 25–35% rate increase for 3 years. A single conviction here usually costs more in premiums than in fines.
This is the tier where insurance impact typically dwarfs the fine. Defending the ticket (or negotiating a plea) is almost always cost-effective.
Speeding 20+ MPH over the limit
Classified as a serious moving violation. Courts have flexibility to reduce the charge, often critical for CDL holders and younger drivers.
- Demerit points
- 6 points
- Typical fine
- $300–$500+ (typical)
- License impact
- 6 points on a single ticket. Two of these in a year (12 points) triggers automatic suspension. Probationary drivers face suspension from a single ticket.
- Insurance impact
- High-severity violation: 35–50% rate increase for 3–5 years. Some insurers will non-renew.
In some Wisconsin counties, 20+ over may trigger an automatic court appearance. An attorney can usually appear on your behalf and negotiate a reduction.
Speeding 25+ over or 100+ MPH
The most serious tier of non-criminal speeding. Strong defense is critical. This is the territory where reckless-driving charges can also be added.
- Demerit points
- 6 points + possible additional suspension
- Typical fine
- $500–$800+ (typical); fines are doubled at 25+ over
- License impact
- Fines are statutorily doubled. May trigger a 15-day suspension even on the first offense at 100+ MPH. Serious accumulated-point exposure.
- Insurance impact
- Treated as one of the most serious non-criminal offenses: 50%+ rate increase, potential non-renewal, and high-risk (SR-22) filing may be required.
Wis. Stat. § 346.57(5) doubles the forfeiture for speeding in excess of 25 MPH over the limit. At these speeds, prosecutors often pair speeding with reckless driving. Fighting both matters.
Reckless Driving
Charged when an officer alleges operation "in willful or wanton disregard for the safety of persons or property." Highly defensible, the standard is subjective.
- Demerit points
- 6 points
- Typical fine
- $25–$200 (civil); up to $10,000 and 6 years prison if bodily harm results (criminal)
- License impact
- Civil reckless driving goes on your record as a serious moving violation. Criminal reckless driving can result in license revocation and jail.
- Insurance impact
- One of the most heavily weighted violations. 50–80% rate increase, possible non-renewal, and SR-22 often required.
Wisconsin distinguishes civil reckless driving (Wis. Stat. § 346.62(2)) from criminal reckless driving when bodily harm occurs (§ 346.62(3) – (4)). We frequently get these reduced, especially when no injury or property damage is alleged.
OWI. 1st Offense
Wisconsin is the only state where a 1st OWI is civil, not criminal, but it is not a minor ticket. We also handle OWI defense at our sister site, Racine OWI.
- Demerit points
- 6 points
- Typical fine
- $150–$300 forfeiture + $535 driver-improvement surcharge + $250+ IID and reinstatement fees
- License impact
- 6–9 month license revocation; ignition interlock device (IID) required if BAC ≥ 0.15 or refusal.
- Insurance impact
- High-risk classification; typically 80–150% rate increase. SR-22 filing required for 3 years.
Even a first offense carries a 6–9 month revocation, mandatory alcohol assessment, the $535 driver-improvement surcharge, and long-term insurance costs. A minor passenger under 16 elevates this to a criminal misdemeanor under § 346.65(2)(f)1.
Racine OWI →
Our dedicated OWI / DUI defense site. Start here for first-offense cases.
OWI. 2nd Offense
The first criminal tier. 10-year lookback applies, a prior OWI from within 10 years counts. Jail exposure of 5 days to 6 months.
- Demerit points
- 6 points
- Typical fine
- $350–$1,100 fine + $535 surcharge
- License impact
- 12–18 month revocation; IID required.
- Insurance impact
- High-risk; rate increases similar to or greater than a 1st offense, and insurers may non-renew.
Under § 346.65(2)(am)2, the lookback is 10 years (not lifetime). For 3rd and higher offenses, § 343.307(1) applies and priors count back to 1989. Get the prior-offense analysis right. It drives sentencing exposure.
Racine OWI →
Criminal OWI defense. Charges at this tier require specialist representation. Visit our OWI site.
Failure to Yield Right-of-Way
Often issued after a crash where the officer assigns blame based on who had the right-of-way. Fact-dependent, usually defensible with witness or scene evidence.
- Demerit points
- 3 points
- Typical fine
- ~$175 (typical); higher if an accident or injury results
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moderate: 15–25% rate increase for 3 years.
Wis. Stat. § 346.18 covers right-of-way at intersections. Because the officer typically did not witness the crash, a good defense often turns on traffic-camera footage, witness statements, or diagramming the collision.
Running a Red Light
A frequent plea reduction. Wisconsin does not use photo red-light cameras. Most red-light citations are officer-observed and defensible on timing and visibility.
- Demerit points
- 3 points
- Typical fine
- ~$175 (typical)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 20–25% rate increase for 3 years is common.
Defenses often include the yellow-light duration, obstructed view, or mistaken lane/vehicle identification. Photo red-light enforcement is not authorized in Wisconsin, so an officer must have observed the violation.
Running a Stop Sign
Must come to a complete stop. "California stop" is the most commonly cited form. Reducible in most counties.
- Demerit points
- 3 points
- Typical fine
- ~$175 (typical)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 20–25% rate increase for 3 years.
Defenses include officer sight-line challenges, stop-sign visibility (foliage, weather), and the distinction between complete stop and slow roll. Frequently reduced to a non-moving violation.
Unsafe Lane Change / Deviation from Lane
Often paired with a suspected-OWI stop as the probable cause. Highly subjective, the standard is whether the change was made safely.
- Demerit points
- 3 points
- Typical fine
- ~$175 (typical)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 15–25% rate increase typical.
Because the officer is the only witness in most cases and the statute requires the movement to be "reasonably safe," defense frequently focuses on traffic conditions, signaling, and dashcam review.
Following Too Closely (Tailgating)
Common after rear-end collisions. The "reasonable and prudent" standard gives room to fight.
- Demerit points
- 4 points
- Typical fine
- ~$200 (typical); higher if an accident results
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 25–35% rate increase for 3 years.
The statute doesn't specify a distance. It requires a reasonable following distance given speed, traffic, and road conditions. That subjectivity is a defense opportunity.
Improper Passing
Covers passing on the right, passing in a no-pass zone, and passing near an intersection. Varies significantly by fact pattern.
- Demerit points
- 3–4 points (varies by subsection)
- Typical fine
- $175–$250 (typical)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 20–35% rate increase typical.
Multiple statutes can apply. The officer must identify the correct subsection. That is sometimes a viable defense on its own.
Texting / Inattentive Driving
Wisconsin bans texting while driving for all drivers and all hand-held phone use in work zones (2020 law change).
- Demerit points
- 4 points
- Typical fine
- $20–$400 (texting 1st: $20–$400; inattentive: ~$170+)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- 25–35% rate increase typical. Insurers are scrutinizing distracted-driving convictions more heavily.
"Inattentive driving" is a separate charge under § 346.89(1) and is commonly used when the officer can't prove texting specifically. Both carry 4 points. Hand-held phone use in a work zone is a separate violation with enhanced penalties.
Operating While Suspended or Revoked (OWS / OAR)
Two distinct offenses: Operating While Suspended (OWS) and Operating After Revocation (OAR). OAR is far more serious, often tied to OWI or unpaid-forfeiture revocations.
- Demerit points
- 0 points (administrative violation, not moving)
- Typical fine
- OWS (1st): $50–$200 civil forfeiture. OAR (1st): $200–$2,500. Repeat OAR offenses can be criminal misdemeanors.
- License impact
- Extends the suspension period. OAR can lead to vehicle immobilization and criminal charges.
- Insurance impact
- Insurers treat this as high-risk; coverage may be non-renewed.
Many OWS cases come from unpaid forfeitures, unpaid child support, or lapsed insurance. Often resolvable by clearing the underlying issue and negotiating a dismissal or reduction.
Operating Without Insurance
Frequently dismissed when the driver can show valid coverage was in force on the date of the citation.
- Demerit points
- 0 points
- Typical fine
- Up to $500 forfeiture per violation
- License impact
- No automatic license suspension, but involvement in an accident without insurance can trigger license and registration suspension until a judgment is paid (Safety Responsibility Law).
- Insurance impact
- A conviction here makes it very hard to obtain affordable insurance going forward. Carriers flag the lapse.
If you had valid insurance at the time of the stop and simply did not have proof with you, most courts will dismiss the citation with proof later. Bring the declaration page or a letter from your insurer.
Open Intoxicants in a Motor Vehicle
Commonly issued alongside an OWI or speeding stop. Defensible on possession, access, and whether the vehicle was on a "highway."
- Demerit points
- 0 points (non-moving)
- Typical fine
- $150 (driver, 1st); $100 (passenger); substantially higher for repeat offenses
- License impact
- No license impact on its own.
- Insurance impact
- Usually no direct insurance effect, not a moving violation.
Applies to drivers and passengers. A sealed container in the trunk or behind the last row of seats is specifically excluded. The stop itself must be lawful.
Minor in Possession of Alcohol (While Driving)
Wisconsin's "absolute sobriety" law: under the legal drinking age, *any* detectable alcohol while driving is a violation (not .02. Any amount).
- Demerit points
- 6 points if charged under § 346.63(2m) (underage absolute-sobriety OWI)
- Typical fine
- $250 minimum (underage drinking) + up to $300 for the driving component on a 1st offense
- License impact
- Underage absolute-sobriety OWI carries a 3-month license suspension on a first offense, even at a BAC under 0.08.
- Insurance impact
- Classified as high-risk; same SR-22 consequences as adult OWI.
Wis. Stat. § 346.63(2m) prohibits BAC "more than 0.0 but not more than 0.08" for drivers under 21. Competitor sites frequently misquote this as ".02", the statute says any detectable amount.
Racine OWI →
Underage absolute-sobriety cases are OWI cases. Our OWI defense team handles these at Racine OWI.
Failure to Stop for a School Bus
Strict liability. The red flashing lights + extended stop arm must be engaged. Fact-dependent and often fightable on timing and visibility.
- Demerit points
- 4 points
- Typical fine
- $30–$300 (1st); up to $1,000 for repeat offenses
- License impact
- Standard accumulated-point consequences. Repeat offenses can bring court-ordered suspension.
- Insurance impact
- 30–45% rate increase for 3–5 years. Insurers weight this heavily.
The key triggering condition is that the bus's alternating red flashing warning lights must be activated. Video from the bus's stop-arm camera is usually the determining piece of evidence.
Railroad Crossing Violation
Covers failure to stop when signals are active, when a train is plainly visible, or at a "crossbuck"-only crossing when required to stop. CDL drivers face enhanced consequences.
- Demerit points
- 4 points
- Typical fine
- ~$200–$300 (typical)
- License impact
- No automatic suspension for a single violation.
- Insurance impact
- 25–35% rate increase for 3 years.
CDL holders face a mandatory 60-day federal disqualification for a first railroad crossing violation. This is one of the violations where CDL status dramatically changes the stakes.
